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2015 DIGILAW 584 (JK)

Union of India v. Mohd. Naseer Naik

2015-11-16

BANSI LAL BHAT, N.PAUL VASANTHAKUMAR

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JUDGMENT : N. PAUL VASANTHAKUMAR, CJ 1. The delay of 126 days in filing the review petition is condoned and the review petition is taken up for disposal. 2. The review petition is filed seeking review of the order passed in LPASW No. 179/2002 dated 16.03.2015, whereby the order of the learned Single Judge dismissing the writ petition filed challenging the dismissal order of the respondent dated 07.02.1999 for unauthorized absence of 145 days. 3. The punishment having been imposed without considering the proportionality of punishment with reference to the gravity of offence, that too without assigning any reason for imposing a major punishment of dismissal though several other punishments are also contemplated under Section 71 of the Army Act, 1950, this Court allowed the appeal and set aside the order of dismissal and remitted the matter to the Disciplinary Authority to consider all aspects including the proportionality of the punishment and pass fresh orders within a period of three months. 4. The alleged delinquency being unauthorized absence and valid reason having been given for such absence, the proportionality of punishment was directed to be re-considered. We are unable to find any reason to review the order. The review petition is dismissed.